Document 99

Case 1:20-cr-00330-AJN Document 99 Filed 12/18/20 Page 1 of 2 USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: _____ DATE FILED: 12/18/20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, -v- Ghislaine Maxwell, Defendant. 20-CR-330 (AJN) ORDER ALISON J. NATHAN, District Judge: On December 16, 2020, the Government filed its opposition to Defendant Ghislaine Maxwell's renewed application for bail. In accordance with this Court's December 7, 2020 Order, see Dkt. No. 89, the Government filed its materials under seal and proposed narrowly tailored redactions on those materials. The Defendant did not file any opposition to the Government's proposed redactions. The Court will adopt the Government's proposed redactions after applying the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine whether the documents in question are "judicial documents;" (ii) assess the weight of the common law presumption of access to the materials; and (iii) balance competing considerations against the presumption of access. Id. at 119-20. "Such countervailing factors include but are not limited to 'the danger of impairing law enforcement or judicial efficiency' and 'the privacy interests of those resisting disclosure.'" Id. at 120 (quoting United States v. Amodeo ("Amodeo II"), 71 F.3d 1044, 1050 (2d Cir. 1995)). The proposed redactions satisfy this test. The Court finds that the Government's submissions are "relevant to the performance of the judicial function and useful in the judicial process," thereby qualifying as a "judicial document" for purposes of the first element of the 1 DOJ-OGR-00002160 --- PAGE BREAK --- Case 20-3061, Document 99, 10/09/2020, 2948846, Page1 of 1 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 9th day of October, two thousand nineteen, United States of America, Appellee, ORDER Docket No. 20-3061 v. Ghislaine Maxwell, AKA Sealed Defendant 1, Defendant - Appellant. IT IS HEREBY ORDERED that the motion by Appellant for leave to file the unredacted reply brief under seal is GRANTED without prejudice to review by the panel in due course. For The Court: Catherine O'Hagan Wolfe, Clerk of Court Catherine O'Hagan Wolfe UNITED STATES COURT OF APPEALS SECOND CIRCUIT DOJ-OGR-00019676 --- PAGE BREAK --- Case 22-1426, Document 99, 02/29/2024, 3612517, Page1 of 2 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007 DEBRA ANN LIVINGSTON CHIEF JUDGE Date: February 29, 2024 Docket #: 22-1426cr Short Title: United States of America v. Maxwell CATHERINE O'HAGAN WOLFE CLERK OF COURT DC Docket #: 1:20-cr-330-1 DC Court: SDNY (NEW YORK CITY) DC Judge: Nathan REVISED NOTICE OF HEARING DATE Argument Date/Time: Tuesday, March 12, 2024 at 2:00 p.m Location: Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY, 10007, 17th Floor, Room 1703 Time Allotment: 10 minutes per side Counsel and non-incarcerated pro se litigants presenting oral argument must register with the courtroom deputy 30 minutes before argument. The Court prefers to hold argument in person. However, argument may be held by Zoom, teleconference, or a combination of in-person and remote arguments, depending upon then current pandemic-related considerations. A party who has demonstrated good cause by motion and judges may participate remotely. If an argument is remote, the parties will receive instructions to access Zoom or the teleconference. Individuals who arrive at the courthouse for argument must meet the health screening requirements and entrance protocols specified at the entrance to the building and should check the Court's website under Announcements for up to date information. A motion or stipulation to withdraw with or without prejudice must be filed no later than 3 business days prior to the scheduled date of argument. The Court will consider the motion or stipulation at the time of argument, and counsel's appearance is required with counsel prepared to argue the merits of the case. If a stipulation to withdraw with prejudice is based on a final settlement of the case, the fully-executed settlement must be reported immediately to the Calendar Team, and a copy of it must be attached to the stipulation. Inquiries regarding this case may be directed to 212-857-8595. See page 2 for additional information. Counsel must file the completed form in accordance with Local Rule 25.1 or 25.2. Pro Se parties must submit the form in paper. DOJ-OGR-00021786 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 99 Filed 12/18/20 Page 2 of 2 Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995). And the Court also finds that the common law presumption of access attaches. Id. at 146; see also Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 602 (1978). Nevertheless, the proposed redactions are narrowly tailored to serve substantial interests, including, most importantly, third parties' personal privacy interests. See Under Seal v. Under Seal, 273 F. Supp. 3d 460, 467 (S.D.N.Y. 2017). The Government is hereby ORDERED to docket the redacted documents and corresponding exhibits by no later than December 18, 2020. SO ORDERED. Dated: December 18, 2020 New York, New York ALISON J. NATHAN United States District Judge --- PAGE BREAK --- Case 22-1426, Document 99, 02/29/2024, 3612517, Page2 of 2 Name of the Attorney/Pro Se presenting argument: Firm Name (if applicable): Current Telephone Number: The above named attorney represents: ( ) Appellant/Petitioner ( ) Appellee-Respondent ( ) Intervenor Date: ____________________ Signature: ____________________ NOTICE TO THE BAR Recording of Argument. An audio recording of oral argument is available on the Court's website. In addition, a CD of an argument may be purchased for $34 per CD by written request to the Clerk. The request should include the case name, the docket number and the date or oral argument. CDs will be delivered by first class mail unless the request instructs to hold for pick-up or requests Federal Express Service, in which case a Federal Express account number and envelope must be provided. Court Reporters. Parties may arrange - at their own expense - for an official court reporter to transcribe argument from a copy of the hearing tape or to attend and transcribe the hearing directly. A party must first obtain written consent from opposing counsel - or move the Court for permission - to have the court reporter attend and transcribe the hearing and must provide the calendar clerk written notice, including the name, address and telephone number of the attending reporter and, if applicable, the reporting firm at least one week prior to the hearing date. Interpreter Services for the Hearing Impaired. Counsel requiring sign interpreters or other hearing aids must submit a written notice to the Calendar Team at least one week before oral argument. Rev. 10/2023 DOJ-OGR-00021787